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(영문) 대전지방법원 서산지원 2013.11.15 2013고단714
특수절도
Text

Defendants shall be punished by imprisonment for one year.

The first unit (No. 2) of seized SM5 525 V (D) (No. 2) from Defendant A.

Reasons

Punishment of the crime

1. At around 01:50 on September 11, 2013, the Defendants discovered the victim I, who had been located in the top of the H in Seosan City, G, and Defendant B was able to drive the Do SM525V vehicle owned by Defendant A on a full basis, and approach the victim. Defendant A opened the first window and was suffering from the victim’s left hand hand, which was 80,000,000 won in cash owned by the victim, and two cellphones (one transphone of the amount equivalent to 90,000,000 won in LG smartphone, 1,60,000,000 won in total), three physical card cards (OF card No. 1 and Chapter 2, 100,000,000 won in total in the market price of agricultural bank, and 10,000,000 won in total.

As a result, the Defendants jointly stolen the property amounting to KRW 2,400,000 which is the market price owned by the victim.

2. On September 11, 2013, at around 06:00, the Defendants: (a) discovered the E vehicle owned by the victim F in a factory near the open terminal located in Pyeongtaek-si, Bupyeong-si; (b) stolen the number plate; and (c) cut off the number plate to attach it to the above SM525V vehicle; and (d) cut the front and rear number plate of the above E vehicle owned by the victim in front of and after the vehicle in front of the market value, which is owned by the victim.

Accordingly, the suspects stolen the victim's property jointly.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Statement of seizure of each police;

1. Application of Acts and subordinate statutes to damaged photographs and photographs at the scene of crime (such as moving of vehicles);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. It is so decided as per Disposition for the reason under Article 333(1) of the Criminal Procedure Act to return victims;

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